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Strata Property Act

[SBC 1998] CHAPTER 43

Part 7 — Bylaws and Rules

Division 1 — General

Nature of bylaws

119  (1) The strata corporation must have bylaws.

(2) The bylaws may provide for the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets of the strata corporation and for the administration of the strata corporation.

Standard Bylaws

120  (1) The bylaws of the strata corporation are the Standard Bylaws except to the extent that different bylaws are filed in the land title office.

(2) On deposit of the strata plan an owner developer may file bylaws that differ from the Standard Bylaws.

Unenforceable bylaws

121  (1) A bylaw is not enforceable to the extent that it

(a) contravenes this Act, the regulations, the Human Rights Code or any other enactment or law,

(b) destroys or modifies an easement created under section 69, or

(c) prohibits or restricts the right of an owner of a strata lot to freely sell, lease, mortgage or otherwise dispose of the strata lot or an interest in the strata lot.

(2) Subsection (1) (c) does not apply to

(a) a bylaw under section 141 that prohibits or limits rentals,

(b) a bylaw under section 122 relating to the sale of a strata lot, or

(c) a bylaw restricting the age of persons who may reside in a strata lot.

Bylaws relating to sale of strata lot

122  The strata corporation may pass a bylaw governing activities relating to the sale of a strata lot, including locations for the posting of signs and times for the showing of common property and holding of open houses, but the bylaw may not prohibit or unreasonably restrict those activities.

Limits to pet and age bylaws

123  (1) A bylaw that prohibits a pet does not apply to a pet living with an owner, tenant or occupant at the time the bylaw is passed and which continues to live there after the bylaw is passed.

(1.1) Without limiting a strata corporation's power to pass any other bylaws, a strata corporation may pass a bylaw that restricts the age of persons who may reside in a strata lot.

(2) A bylaw that restricts the age of persons who may reside in a strata lot does not apply to a person who resides in the strata lot at the time the bylaw is passed and who continues to reside there after the bylaw is passed.

Voluntary dispute resolution bylaw

124  (1) The bylaws may provide for a process for the voluntary resolution of disputes among owners, tenants and the strata corporation or any combination of them.

(2) A voluntary dispute resolution process in the bylaws must not

(a) require a person to use the voluntary dispute resolution process, or

(b) confer on any person or body a power to make a binding decision.

(3) The use of a voluntary dispute resolution process in the bylaws does not affect a person's powers, duties or rights including, without limitation, the right to sue or begin arbitration.

(4) An admission, statement, document or record that is made only for the purpose of a voluntary dispute resolution process in the bylaws may not be used in court, in an arbitration or in any other proceeding.

Rules

125  (1) The strata corporation may make rules governing the use, safety and condition of the common property and common assets.

(2) A rule is not enforceable to the same extent that a bylaw is not enforceable under section 121 (1).

(3) All rules, including those posted on signs, must be set out in a written document that is capable of being photocopied.

(4) The strata corporation must inform owners and tenants of any new rules as soon as feasible.

(5) If a rule conflicts with a bylaw of the strata corporation, the bylaw prevails.

(6) A rule ceases to have effect at the first annual general meeting held after it is made, unless the rule is ratified by a resolution passed by a majority vote

(a) at that annual general meeting, or

(b) at a special general meeting held before that annual general meeting.

(7) Once a rule has been ratified under subsection (6), it is effective until it is repealed, replaced or altered, without the need for further ratification.

Division 2 — Amending the Bylaws

Amendment of bylaws

126  The bylaws of a strata corporation may be changed, repealed, replaced, added to or otherwise amended by complying with the requirements of this Division.

Amendment of bylaws before second annual general meeting

127  (1) Despite section 128, if a strata plan is a bare land strata plan or if all the strata lots in a strata plan are residential, no amendment may be made to the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting.

(2) If all the strata lots in a strata plan are nonresidential, the bylaws may be amended, in accordance with section 128, at an annual or special general meeting held before the second annual general meeting.

(3) If a strata plan is composed of residential and nonresidential strata lots, no amendment may be made to the bylaws before the second annual general meeting, unless

(a) it is approved by a resolution passed by a unanimous vote at an annual or special general meeting, or

(b) separate residential and nonresidential sections are formed.

(4) If separate sections are formed,

(a) the residential section may not amend the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting of the section, and

(b) the nonresidential section may amend the bylaws, in accordance with section 197, at an annual or special general meeting of the section held before the second annual general meeting.

Bylaw amendment procedures

128  (1) Subject to section 197, amendments to bylaws must be approved at an annual or special general meeting,

(a) in the case of a strata plan composed entirely of residential strata lots, by a resolution passed by a 3/4 vote,

(b) in the case of a strata plan composed entirely of nonresidential strata lots, by a resolution passed by a 3/4 vote or as otherwise provided in the bylaws, or

(c) in the case of a strata plan composed of both residential and nonresidential strata lots, by both a resolution passed by a 3/4 vote of the residential strata lots and a resolution passed by a 3/4 vote of the nonresidential strata lots, or as otherwise provided in the bylaws for the nonresidential strata lots.

(2) If an amendment to a bylaw is approved, an Amendment to Bylaws that sets out that amendment and is in the prescribed form must be filed in the land title office and, until that filing, the amendment has no effect.

(3) [Repealed 2009-17-21.]

(4) The strata corporation must inform owners and tenants of any amendment to the bylaws as soon as feasible after the amendment is approved.

Division 3 — Enforcing the Bylaws and Rules

Enforcement options

129  (1) To enforce a bylaw or rule the strata corporation may do one or more of the following:

(a) impose a fine under section 130;

(b) remedy a contravention under section 133;

(c) deny access to a recreational facility under section 134.

(2) Before enforcing a bylaw or rule the strata corporation may give a person a warning or may give the person time to comply with the bylaw or rule.

Fines

130  (1) The strata corporation may fine an owner if a bylaw or rule is contravened by

(a) the owner,

(b) a person who is visiting the owner or was admitted to the premises by the owner for social, business or family reasons or any other reason, or

(c) an occupant, if the strata lot is not rented by the owner to a tenant.

(2) The strata corporation may fine a tenant if a bylaw or rule is contravened by

(a) the tenant,

(b) a person who is visiting the tenant or was admitted to the premises by the tenant for social, business or family reasons or any other reason, or

(c) an occupant, if the strata lot is not sublet by the tenant to a subtenant.

Landlord's and owner's responsibility for fines and costs incurred by tenant

131  (1) If the strata corporation fines a tenant or requires a tenant to pay the costs of remedying a contravention of the bylaws or rules, the strata corporation may collect the fine or costs from the tenant, that tenant's landlord and the owner, but may not collect an amount that, in total, is greater than the fine or costs.

(2) If the landlord or owner pays some or all of the fine or costs levied against the tenant, the tenant owes the landlord or owner the amount paid.

Maximum fines

132  (1) The strata corporation must set out in its bylaws the maximum amount it may fine an owner or tenant for each contravention of a bylaw or rule.

(2) The strata corporation may set out in its bylaws

(a) different maximum amounts of fines for different bylaws and rules, and

(b) the frequency at which fines may be imposed for a continuing contravention of a bylaw or rule.

(3) The maximum amount of a fine and the maximum frequency of imposition of fines must not exceed the maximums set out in the regulations.

Strata corporation may remedy a contravention

133  (1) The strata corporation may do what is reasonably necessary to remedy a contravention of its bylaws or rules, including

(a) doing work on or to a strata lot, the common property or common assets, and,

(b) removing objects from the common property or common assets.

(2) The strata corporation may require that the reasonable costs of remedying the contravention be paid by the person who may be fined for the contravention under section 130.

Denial of access to recreational facility

134  The strata corporation may, for a reasonable length of time, deny an owner, tenant, occupant or visitor the use of a recreational facility that is common property or a common asset if the owner, tenant, occupant or visitor has contravened a bylaw or rule relating to the recreational facility.

Complaint, right to answer and notice of decision

135  (1) The strata corporation must not

(a) impose a fine against a person,

(b) require a person to pay the costs of remedying a contravention, or

(c) deny a person the use of a recreational facility

for a contravention of a bylaw or rule unless the strata corporation has

(d) received a complaint about the contravention,

(e) given the owner or tenant the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint, including a hearing if requested by the owner or tenant, and

(f) if the person is a tenant, given notice of the complaint to the person's landlord and to the owner.

(2) The strata corporation must, as soon as feasible, give notice in writing of a decision on a matter referred to in subsection (1) (a), (b) or (c) to the persons referred to in subsection (1) (e) and (f).

(3) Once a strata corporation has complied with this section in respect of a contravention of a bylaw or rule, it may impose a fine or other penalty for a continuing contravention of that bylaw or rule without further compliance with this section.

Complaint against council member

136  (1) If a complaint is made about a council member contravening a bylaw or rule, the council member must not participate in a decision made under section 135 about the complaint.

(2) Subsection (1) does not apply if all the owners are on the council.

Eviction by landlord

137  A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant of a residential strata lot is an event that allows the landlord to give the tenant a notice terminating the tenancy agreement under section 47[landlord's notice: cause] of the Residential Tenancy Act.

Eviction by strata corporation

138  (1) A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant of a residential strata lot that seriously interferes with another person's use and enjoyment of a strata lot, the common property or the common assets is an event that allows the strata corporation to give the tenant a notice terminating the tenancy agreement under section 47[landlord's notice: cause] of the Residential Tenancy Act.

(2) An eviction under subsection (1) does not affect any rights of the landlord under the tenancy agreement.

Contents  |  Part 1  |  Part 2  |  Part 3  |  Part 4  |  Part 5  |  Part 6  |  Part 7  |  Part 8  |  Part 9  |  Part 10  |  Part 11  |  Part 12  |  Part 13  |  Part 14  |  Part 15  |  Part 16  |  Part 17  |  Schedule of Standard Bylaws